perform at a fixed time, in contract in
which time is essential. When a party to a contract promises
to do a certain thing ... time other than that
agreed upon. If, in case of a contract voidable on account of
the promisor's failure to perform his promise
aside contract induced by undue influence
When consent to an agreement is caused by undue influence, the agreement is
a contract voidable at the option ... Page No. 24 of 26
Any such contract may be set aside either absolutely or, if the party who was
entitled to avoid
a valid sale between the parties. The
essential element for the valid contract is free consent of the parties
entering into a contract and payment ... consent, as in coercion and undue
influence a voidable contract results.
The contracts which are voidable for undue influence falls
into two classes :
(i) those
receiving payments on bi-
monthly basis would have given rise to a legitimate expectation on the part of the
defendant that the installments ... performance at a time other than that
agreed upon. It reads as under:-
"If, in case of a contract voidable on account
this mistake of law
is not by itself a ground to make such a contract voidable. This is clear from a
reading of Section ... lack of knowledge of law is not voidable as per Section21 of the Indian
Contract Act and the same has been held
contract in
which time is essential.
When a party to a contract promises to do a certain thing at or before
a specified time ... performance at time other than agreed
upon. If , in case of a contract voidable on account of the promisor's
failure to perform
defendant no. 1 has referred the provisions of section
19A of Indian Contract Act in support of his contention and has thus
invoked that ... Indian Contract Act is
seen which provides that when consent to an agreement is caused by
undue influence the agreement is a contract voidable
Section 2(a) means a person who, if a
male, has not completed twenty-one years of age, and
if a female, has not completed ... contracted with a female of less than 18 years or a male
of less than 21 years would not be a void marriage but
voidable
voidable because it was caused by a mistake as
to any law in force in India; but a mistake as to a ... India has the same effect as a
mistake of fact.
Illustrations
A and B makes a contract grounded on the erro
neous belief that a
evaluate at the outset whether the plaintiffs have succeeded in
making out a prima facie case.
8. The plaintiffs are seeking that the Relinquishment Deed ... a written contract between the plaintiffs and
the defendant no.2. In the Indian Contract Act, 1872 , the
circumstances under which a contract is void